Hagerstown, MD asked in Probate and Estate Planning for Texas

Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?

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3 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If you cannot locate your mother’s will, you can probate her estate intestate (as if she doesn’t have a will).

Alisha Melvin
Alisha Melvin
Answered
  • Estate Planning Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will if assets were not transferred into the trust. If all else fails you can hacve heirship determined by the probate court.

Hunter Reed Sargent
Hunter Reed Sargent
Answered
  • Estate Planning Lawyer
  • Denton, TX
  • Licensed in Texas

A: I'm sorry to hear about your loss. If your mother had a trust, it is likely that the trust will govern the distribution of her assets rather than a will. If you can't locate the attorney who drafted the estate plan then you'll want to contact a local attorney as soon as possible to explore your options.

If a will cannot be found, it may be necessary to proceed with the administration of the trust as the primary method of distributing your mother's assets. Your attorney can guide you through the process and help you understand your rights as a beneficiary.

In Texas, the probate process may also be an option to transfer assets that are not included in the trust. If your mother's estate includes assets that are not part of the trust, the probate court may oversee the transfer of those assets to the appropriate beneficiaries.

Overall, if you cannot locate your mother's will, it's important to contact a local attorney as soon as possible. They can help you understand your options and guide you through the process of administering your mother's estate.

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